Majority Of Poor People Forced To Engage Private Lawyers, Says Justice Lalit While Launching "Legal Aid Defence Counsel System"

At the outset, Justice Lalit recounted the activities undertaken by NALSA under his chairpersonship. He categorically mentioned the achievements in the outreach programme, where the legal service authorities were able to effectively reach out to the villages in the country thrice within a span of 42 days; and the jump in the number of cases that were resolved at the Lok Adalats. He was proud to announce that in the last Lok Adalat, the figure of resolved cases touched the 1 crore mark.

"Why we are showing these great figures in the Lok Adalat front, because we are good managers, we can actually bring two persons together. We are good catalysts. Do that to the fullest of your ability. That is where the success will be."

However, Justice Lalit cautioned the members of the legal services authorities to not to be complacent, but strive to do better still. He said that the setting up of the LADC system is not enough, the test would begin once people approach it seeking legal remedy.

"The moment you take this flame of awareness to people the expectations are bound to rise. They'll say very well you have told us about NALSA activities, about our rights, but how do I actually avail those rights; where is the system and that is where the test begins. The theory part is over, now the practical part is there."

He enunciated that in a country where 70% of the population are below the poverty line, the number of cases with NALSA especially on the criminal side is only about 10-12%. He indicated that the rest of the marginalised population was engaging private counsels even at the cost of losing their assets - selling their jewellery and mortgaging their properties.

"…then that means the difference between 12% and 70% are not with us. They have solicited the engagement of private Counsel. They must have sold their assets, they must have sold their jewellery, they must have mortgaged their properties, that is what the litigation brings in. Litigation is like a bleeding wound, the more you let it bleed, the man is bound to be suffering from loss of blood, loss of energy."

In this regard, he shared an anecdote. When he was working in the chambers of Mr. Soli Sorabjee, in a matter where Mr. Sorabjee was briefed by four or five counsels from Bombay. Whenever they visited Mr. Sorabjee's chamber, they used to put up in 5 star hotels, had a car at their disposal. The matter was getting adjourned quite frequently. After four hearings, the client entrusted the matter with Justice Lalit, who was a young junior then. Later, when Justice Lalit asked the client why after engaging such able Counsels he chose Justice Lalit to argue his matter. He had said -

'Sir, kuye pe paani peene k liye aye thain, saara paani haat peyer dhone mein hi khatam ho gaya. (Sir, I came to drink water from the well, but the well's water was over in washing my feet and hands)"

Justice Lalit reckoned this as the malady of litigation. He added that in criminal cases it so happens that the person accused is dragged into litigation. The success of the LADC system would lie in extending a hand of confidence towards them -

"The resources of everyone are eaten up in litigation which are thrust on him. In criminal side litigation, cases are not thrust by his own choice, by sheer accident, by compulsion and force of circumstances. The man gets sucked into this trap and that is where our legal aid system has to give its hand of confidence."

Elaborating on the concept of LADC, he stated that the system was similar to that of the office of a Public Prosecutor (PP). The funding for the PPs' comes from the Government. The funding that comes from the Government to NALSA would be passed on to the LADC system. Therefore, both the prosecution and the defence would be funded by the Government.

"That is what we aspire to do for people who are marginalised, who do not have the wherewithal. Then how best do we achieve it. Now the test lies ahead of you. Well begun is half done, rest half is yet to be done."

Justice Lalit stated that the LADC pilot projects have been fairly successful barring the ones in Andhra Pradesh and Cuttack. He requested the Member Secretaries to stay vigilant; to act as a facilitator and a catalyst

"You, as Member Secretaries, have to be constantly vigilant. As judicial officers you cannot be appearing, you can't be extending the legal aid yourself, you can only facilitate, you are like a catalyst in a chemical reaction."

He called upon them to be present throughout the process, rather than just making appointments and shirking of responsibility. According to Justice Lalit, their vigilant presence will yield results. A mechanism of checks and balances need to be developed to develop faith in the legal services authorities.

"You have to develop a mechanism where every fortnightly or every weekly report is received that will keep a constant check. It is this constant check which will then develop what is called the confidence between the legal aid seeking community and your office. This confidence will bridge the gap between the 12% and the 70%."

He emphasised on the need for engaging dedicated counsels in the LADC system who are inclined to utilise the facilities provided by Apps and Artificial Intelligence. In order to yield results, he suggested to -

1. select the right persons;
2. monitor to the extent possible; and
3. keep doing course corrections.